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H0557..............................................................by TRAIL
IDENTIFYING INFORMATION - MISUSE - Repeals and adds to existing law
relating to misuse of identifying information to prohibit certain
activities relating to the use of another's identifying information; to
provide for restitution; to provide for victim assistance by the Attorney
General; to provide an exception for members of law enforcement agencies;
and to provide for expungement of certain false identity information from
court and law enforcement agency records.
01/27 House intro - 1st rdg - to printing
01/28 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 557
BY TRAIL
1 AN ACT
2 RELATING TO MISUSE OF IDENTIFYING INFORMATION; REPEALING SECTION 18-3126,
3 IDAHO CODE; AMENDING CHAPTER 31, TITLE 18, IDAHO CODE, BY THE ADDITION OF
4 A NEW SECTION 18-3126, IDAHO CODE, TO PROHIBIT CERTAIN ACTIVITIES RELATING
5 TO THE USE OF ANOTHER'S IDENTIFYING INFORMATION, TO DEFINE A TERM, TO PRO-
6 VIDE FOR RESTITUTION, TO PROVIDE FOR VICTIM ASSISTANCE BY THE ATTORNEY
7 GENERAL AND TO PROVIDE AN EXCEPTION FOR MEMBERS OF LAW ENFORCEMENT AGEN-
8 CIES; AND AMENDING CHAPTER 31, TITLE 18, IDAHO CODE, BY THE ADDITION OF A
9 NEW SECTION 18-3126A, IDAHO CODE, TO PROVIDE FOR EXPUNGEMENT OF CERTAIN
10 FALSE IDENTITY INFORMATION FROM COURT AND LAW ENFORCEMENT AGENCY RECORDS.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 18-3126, Idaho Code, be, and the same is hereby
13 repealed.
14 SECTION 2. That Chapter 31, Title 18, Idaho Code, be, and the same is
15 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
16 ignated as Section 18-3126, Idaho Code, and to read as follows:
17 18-3126. MISUSE OF IDENTIFYING INFORMATION -- RESTITUTION -- VICTIM
18 ASSISTANCE. (1) It shall be unlawful for any person, without the authorization
19 or permission of the person or persons who are the subjects of the identifying
20 information, with the intent to defraud, for his own use or the use of a third
21 person, to:
22 (a) Obtain, record or access identifying information which is not avail-
23 able to the general public that would assist in accessing financial
24 resources, obtaining identification documents, or obtaining benefits of
25 such other person;
26 (b) Obtain goods or services through the use of identifying information
27 of such other person;
28 (c) Obtain identification documents in such other person's name; or
29 (d) Obtain, record or access identifying information while impersonating
30 a law enforcement officer or an official of the government of the state of
31 Idaho.
32 (2) It shall be unlawful for any person, without the authorization or
33 permission of the person who is the subject of the identifying information,
34 with the intent to sell or distribute the information to another to:
35 (a) Fraudulently obtain, record or access identifying information that is
36 not available to the general public that would assist in accessing finan-
37 cial resources, obtaining identification documents, or obtaining benefits
38 of such other person;
39 (b) Obtain goods or services through the use of identifying information
40 of such other person;
41 (c) Obtain identification documents in such other person's name; or
42 (d) Obtain, record or access identifying information while impersonating
2
1 a law enforcement officer or an official of the state of Idaho.
2 (3) It shall be unlawful for any person to use identifying information,
3 including identification documents, of another person, whether that person is
4 dead or alive, to avoid summons, arrest, prosecution or to impede a criminal
5 investigation.
6 (4) As used in this section, "identifying information" shall include, but
7 not be limited to:
8 (a) Name;
9 (b) Date of birth;
10 (c) Social security number;
11 (d) Driver's license number;
12 (e) Bank account numbers;
13 (f) Credit or debit card numbers;
14 (g) Personal identification number (PIN);
15 (h) Electronic identification codes;
16 (i) Automated or electronic signatures;
17 (j) Biometric data;
18 (k) Fingerprints;
19 (l) Passwords; or
20 (m) Any other numbers or information that can be used to access a
21 person's financial resources, obtain identification, act as identifica-
22 tion, or obtain goods or services.
23 (5) Upon conviction, in addition to any other punishment, a person found
24 guilty of this offense shall be ordered by the court to make restitution as
25 the court deems appropriate to any person whose identifying information was
26 appropriated or to the estate of such person. Such restitution may include the
27 person's or his estate's actual expenses associated with correcting inaccura-
28 cies or errors in his credit report or other identifying information.
29 (6) Upon the request of a person whose identifying information was appro-
30 priated, the attorney general may provide assistance to the victim in obtain-
31 ing information necessary to correct inaccuracies or errors in his credit
32 report or other identifying information; however, no legal representation
33 shall be afforded such person.
34 (7) The provisions of this section shall not apply to members of any law
35 enforcement agency in the lawful performance of their duties.
36 SECTION 3. That Chapter 31, Title 18, Idaho Code, be, and the same is
37 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
38 ignated as Section 18-3126A, Idaho Code, and to read as follows:
39 18-3126A. EXPUNGEMENT OF FALSE IDENTITY INFORMATION FROM POLICE AND COURT
40 RECORDS. Any person, whose name or other identification has been used without
41 his consent or authorization by another person who has been charged or
42 arrested using such name or identification, may file a petition with the court
43 for expungement of such false information. In the event the court orders
44 expungement from police and court records, the expungement will apply to the
45 records of the petitioner only and shall not require courts or law enforcement
46 agencies to expunge alias information from the records of those persons using
47 aliases who have been charged or arrested. Petitioners having obtained an
48 order of expungement from the court may submit a certified copy of such order
49 to any court or law enforcement agency of the state where it shall be main-
50 tained in the records of the court or law enforcement agency and referenced in
51 any database information maintained by the court or law enforcement agency
52 relating to the petitioner.
STATEMENT OF PURPOSE
RS 13707
The proposed legislation relates to misuse of identifying
information; repealing Section 18-3126, Idaho Code; amending
Chapter 31, Title 18, Idaho Code, by the addition of a new
section 18-3126, Idaho Code, to prohibit certain activities
relating to the use of another's identifying information, to
define a term, to provide for restitution, to provide for victim
assistance by the Attorney General and to provide an exception
for members of law enforcement agencies; and amending Chapter 31,
Title 18, Idaho Code, by the addition of a new Section 18-3126A,
Idaho Code, to provide for expungement of certain false identity
information from court and law enforcement agency records.
FISCAL IMPACT
There should be no impact on the General Fund.
Contact
Name: Representative Tom Trail
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 557